Delaware Abortion Laws
By FindLaw Staff | Reviewed by Nicole Prebeck, Esq. | Last updated December 22, 2022
Summary
Abortion is legal in Delaware through viability. Thereafter, abortion is legal only if the life of the mother is at risk or the fetus is not compatible with life outside the womb without extraordinary efforts.
Introduction
Abortion is regulated in every U.S. state, which often includes the licensing requirements of providers, restrictions on late-term abortion, and parental consent mandates. Delaware abortion laws are somewhat restrictive, requiring a 24-hour waiting period following written consent and full explanation of procedure, and the requirement that abortion providers be licensed medical doctors.
In Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court overruled Roe v. Wade, the case that had recognized a federal constitutional right to abortion. Dobbs returned abortion regulation back to the states.
The following chart lists the main provisions of Delaware's abortion laws. See FindLaw's Reproductive Rights section to learn more.
Statute |
Tit. 24 §§ 1702(18); 1790(a)-(b); 1783 |
Legal Abortion |
|
Illegal Abortion |
|
Viability |
|
Notification for minors |
|
Residency Requirement |
N/A |
Delaware Abortion Laws: Related Resources
Abortion is generally regulated by a mixture of health care laws and criminal laws. Because of the overlap of these legal areas, it may be wise to speak with a qualified attorney. There are many attorneys throughout Delaware with health care law experience who may be able to help you. As well, you may wish to speak with a qualified criminal defense attorney in your area, for the criminal law issues related to abortion.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.